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I can no longer stand as surety for Nnamdi Kanu Abaribe

Senator Eyinnaya Abaribe has told the Court of Appeal in
Abuja that his standing surety for the leader of the Indigenous People of
Biafra, IPOB, Nnamdi Kanu, is illegal.

Abaribe, in an amended seven grounds notice of appeal filed
by his lawyer, Chukwuma-Machukwu Ume (SAN), urged the appellate court to
relieve him of the role of surety for Kanu.

In the document made available to journalists in Abuja
yesterday, Abaribe also asked the Appeal Court to set aside the November 14,
2018 order of the Federal High Court in Abuja which gave him and two others a
two-month ultimatum to, each pay N100m bond for their inability to produce the
Biafran activist.

Recall that Justice Binta Nyako of the Federal High Court in
Abuja, had in her November 14, 2018 ruling, held that Abaribe and the two other
sureties owed the court the duty of producing Kanu, whose absence since 2017
has halted his trial on charges of treasonable felony.

But the senator had also filed a brief of argument to
challenge the Federal High Court’s decisions.

Relying on sections 55, 165(3), 167(3) and 488 of the
Administration of Criminal Justice Act, and other provisions of the
constitution, Ume argued that a public officer such as a senator was legally
exempted from standing surety for a suspect.

The Senator’s lawyer blamed the Federal High Court for
making a senator to be part of the sureties Kanu must present in April 2017.

Ume said, “The honourable trial court failed and or refused
to take judicial notice” of the relevant provisions of the ACJA and the
Nigerian constitution.

“Thus the honourable trial court had not done the needful
under the law, otherwise it would have found that by law, the appellant (a
senator) is legally exempted, ab initio from giving security for the good
conduct or behaviour of a suspect.

“It is trite law that where a valid Act or law clearly
states something, it is not within the powers of the court to go contrary to
it.

“We, therefore, can see that the involvement of Senator
Abaribe in the whole bail and surety quagmire was invalid, ab initio.”

Abaribe and two others had stood as sureties for Kanu before
he was granted bail by the Federal High Court in Abuja on April 25, 2017.

I can no longer stand as surety for Nnamdi Kanu Abaribe was last modified: January 11th, 2019 by Reporter

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